No. 58.
Mr. Seward
to Councilor Borges.
Department
of State,
Washington, July 17,
1878.
Sir: I have been requested by the Secretary of the
Treasury to invite your attention to a question affecting the clearance of
vessels via the port of Richmond, Va., which has been raised by the
vice-consul of Brazil at that place. I have, therefore, the honor to inclose
herewith copies of two letters, dated June 18 and July 12 respectively, from
the Secretary of the Treasury upon the subject, together with a copy of a
letter of this Department addressed to that officer upon the 3d instant.
A British vessel having lately cleared from New York for Bahia, Brazil, via
Richmond, the manifest which she received at New York was taken by the
collector at Richmond and placed on file in the customhouse there, and a
general outward manifest from Richmond, reciting its contents, given in its
stead, thus making the manifest sworn to there on clearance for Bahia
contain all the cargo on board the vessel. The Brazilian vice-consul at
Richmond objects to this practice, and the case has consequently been
submitted to the Secretary of the Treasury for his decision. The second
letter of the Secretary gives, at the instance of this Department, a full
description of the general practice prevailing in this country in reference
to the clearance of a foreign vessel that touches at another domestic port,
and points out a remedy for a case such as that which occurred at
Richmond.
It is desired that some general rule, which may be satisfactory to both,
shall be agreed upon between the two governments to prevent a recurrence of
the difficulty, and I will thank you for any suggestions that you may be
pleased to make upon the subject.
The manifest of the Annie Mark, which is herewith inclosed, has been
transmitted to this Department by the Secretary of the Treasury, with a
request that it may be returned.
Accept, &c.,
F. W. SEWARD,
Acting
Secretary.
[Inclosure 1.]
Mr. Sherman to Mr.
Evarts.
Treasury Department, June 18, 1878.
Sir: I have the honor to inclose herewith a
copy of a letter of the 10th instant, from the collector of customs at
Richmond, relative to the British bark Annie Mark, Hamburg, master.
It appears that this vessel cleared from the port of New York for Bahia,
Brazil, via Richmond, Va., with a part of her cargo on board. The
practice at Richmond in such cases is to take up the New York manifest
for tile in the custom-house, its contents being transcribed on the
general outward manifest from Richmond, thus making the manifest sworn
to there on clearance for Bahia contain all the
cargo on board the vessel. The collector states that the Brazilian
vice-consul objects to his practice of retaining
[Page 72]
the New York manifest; but giving no satisfactory
reasons, the case is submitted for decision.
The accompanying manifest and papers from New York relating to the cargo
of the Annie Mark are those referred to by the collector, and attention
is called to the vice-consul’s certificate, which is sealed fast to the
clearance and manifest, and which must be detached from the certificate,
or the whole of the documents kept intact at the custom-house.
The subject is brought to your notice in order that you may bring it
before the Brazilian minister to this government, and some general rule
be agreed upon that shall prevent a recurrence of this question.
I will thank you to return the inclosures to this department.
Very respectfully,
- JOHN SHERMAN, Secretary.
- Hon. William M. Evarts,
Secretary of State.
[Inclosure 1 to inclosure
1.]
Custom-House, Richmond, Va.,
Collector’s Office, June 10, 1878.
Sir: I have the honor to make the following
statement, and ask instructions:
The British bark Annie Mark, Captain Hamburg, cleared from New York on
June 3d for Bahia, Brazil, via Richmond, Va., having taken on a portion
of her cargo at New York.
The practice of this office, and as I learn of other offices in cases of
this kind, is to take up the manifest from New York, file it in this
office with the other papers retained on clearance, having transcribed
its contents to the general outward manifest from Richmond, marking it
as from New York, i. e., making the manifest
sworn to at this port on clearance from Bahia contain all the cargo on
board the vessel. Of course this office takes no notice of the New York
portion of the cargo for statistical purposes, as
it is reported to that bureau from New York. The Brazilian vice-consul,
who has been recently appointed here, objects to the retention of the
New York manifest in this office, but has failed to give satisfactory
reasons for this objection, hence the matter is submitted for
decision.
Inclosed please find the papers of the Annie Mark. The vessel will be
ready to sail in four days, and I therefore respectfully ask that
decision of the matter may be made, and return of the papers, within
that time.
In this connection permit me to state that the German bark Pepita cleared
from Boston for Brazil via Richmond about ten days ago. This vessel had
on part cargo also, but the captain was informed by the Brazilian
vice-consul at that port that no clearance (such as you observe attached
to the inclosed manifest and clearance) was necessary, that being done
for the whole of his cargo upon clearance from
the last port in this country at which he would take on cargo.
It will be observed that the vice-consul’s certificate in the
accompanying papers is sealed fast to the clearance and manifest, and to
carry out the practice as set forth of this office, it is necessary to
detach the manifest and clearance from the consular certificate or keep
the whole of it intact in this office.
The late Brazilian vice-consul at this port, who still resides here,
bears me out in the practice of my office, and says that it does not in
any manner conflict with the requirements of the Brazilian
Government.
In former years no question of this kind ever arose at this port, but as
this controversy between myself and the Brazilian vice-consul here has
been going on for several months, I have thought proper to make this
appeal in order to a final settlement of the questions at issue.
Very respectfully,
CHARLES S. MILLS, Collector.
To the honorable Secretary of
Treasury,
Washington, D. C.
[Inclosure 2 to inclosure
1.]
Mr. Evarts to Mr.
Sherman.
Department of State, July 3, 1878.
Sir: I have the honor to acknowledge the
receipt of your letter of the 18th ultimo, regarding the practice of the
customs officers at Richmond, Va., with respect to the retention of the
manifests of cargoes of vessels arriving there, which had been taken
[Page 73]
on board of such vessels at
another port of the United States, and the objection to this practice on
the part of the Brazilian vice-consul at Richmond.
It has occurred to me that the subject might possibly be presented to the
minister of Brazil in this country more satisfactorily if the department
were enabled to inform him of the general practice of customs officers
of the United States in the regard stated, and whether there exists any
special regulation in the premises. I return the inclosure of your
letter as requested.
I have the honor, &c.,
- WM. M. EVARTS.
- Hon. John Sherman,
Secretary of Treasury.
[Inclosure 2.]
Mr. Hawley to Mr.
Evarts.
Treasury Department, July 12, 1878.
Sir: I have the honor to acknowledge the
receipt of your letter of the 3d instant, relative to the objection of
the vice-consul of Brazil, at Richmond, Va., to the retention by the
customs officers there of the manifests of cargoes of vessels arriving,
which had been taken on board such vessel at another port of the United
States. And you suggest to the Department that it might be more
satisfactory if the general practice, as regards such manifests at
American ports, was ascertained, in order to communicate the facts when
presenting the case to the Brazilian minister in this country.
I have to state in reply that the general practice in regard to the
clearance of a vessel (foreign) that touches at another domestic port,
is to deliver two manifests to the collector at the port of departure,
one to be retained by the collector, the other to be verified by the
collector and to be held by the master. The collector at the port of
departure also issues a clearance (foreign) with the master’s oath
attached. The clearance (foreign) specifies the foreign port of
destination and the intermediate domestic port at which the vessel is to
touch. Upon the vessel’s arrival at the domestic port, the certified
copy of the manifest, made out at the port of departure, is taken up and
a new manifest is made out, embracing the contents of that which is
surrendered. If the clearance granted at the port of departure is
attached to the manifest, it would, of course, be taken up by the
collector, but it would be retained by the master, if not attached to
the manifest.
In the case of the British bark Annie Mark, the consul-general of Brazil
at New York had certified to the general clearance; and his certificate,
the general clearance, and the manifest were so connected by a seal that
the collector at Richmond declined to separate them; and as, in
accordance with the usual practice, he felt constrained to retain the
manifest, he also retained the clearance and the consul-general’s
certificate thereto.
If the manifest had not been attached to the consular certificate, the
master could have retained the certificate with the New York clearance,
and the collector at Richmond could have retained the manifest.
The obvious remedy for a difficulty of this nature is that the manifest
of cargo of a vessel departing for Brazil via Richmond, or any other
domestic port, shall not be attached to the consular certificate to the
clearance. On the other hand, if it be attached to the consular
certificate, the collector at Richmond and at other domestic ports can
be instructed to require a second copy of the manifest, and suffer that
which, may have been received at the port of departure to remain in the
hands of the master. The manifest of the Annie Mark is returned.
Very respectfully,
- JOHN B. HAWLEY,
Acting
Secretary.
- Hon. Wm. M. Evarts,
Secretary of State.
